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GEM STATE MUTUAL LIFE ASSOCIATION v. GRAY

No. 8510.

311 P.2d 753 (1957)

GEM STATE MUTUAL LIFE ASSOCIATION, a corporation, Plaintiff-Appellant, v. Lucy GRAY, Agnes Gray, and any unknown owners or claimants in and to Policy No. 21792 D-9, issued by the plaintiff on or about the 31st day of July, 1941, on the life of Cecil James Gray, Defendants-Respondents.

Supreme Court of Idaho.

May 28, 1957.

Attorney(s) appearing for the Case

Carl C. Christensen, Pocatello, for appellant.

Anderson & Anderson, Pocatello, for Lucy Gray.

Gee & Hargraves, Pocatello, for Agnes Gray.

PORTER, Justice.

On February 7, 1954, Cecil James Gray and his wife, Agnes Gray, were living in McCammon, Idaho. At about 1 o'clock a. m. he telephoned from downtown to his wife at their home and told her he was drunk and was not coming home. At about 2 o'clock a. m. Mr. Gray came to the home but his wife would not let him in as on former occasions when he was drunk he had struck and severely beaten her. Gray then got in his pick-up truck and started towards Pocatello...

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